Henry v. Powell

George Rose Smith, Justice.

The basic question here is whether the regular judge of a chancery court can, within 90 days after the entry of an order made by a special judge in the regular judge’s absence, vacate the special judge’s order and set the matter down for reconsideration. We hold that the regular judge does have that power. In that view there is as yet no final appealable order; so the appeal must be dismissed.

This is a taxpayers’ suit brought by the appellants against the City of North Little Rock and its officers to obtain refunds of overpayments made by customers of the city’s…